Data Privacy Law Essentials

• The module explores social and professional IT issues
• It focuses on the essentials of data privacy law

Learning Outcomes

• Recognize the right to privacy
• Understand the basis for protecting personal privacy under the law
• Distinguish different strategies for consumer profiling
• Identify the capabilities of advanced surveillance technology

Data Privacy

• Data privacy, or information privacy, concerns proper storage, access, retention, immutability, and security of sensitive data
• It involves rules, practices, guidelines, and tools for organizations to maintain required privacy compliance levels
• Data privacy is a subset of data protection, including traditional approaches like data backup, disaster recovery, and security

Data Privacy Framework Elements.

• Legal Frameworks: Enacted legislation for data issues, including privacy laws.
• Policies: Business rules to protect employee and user data privacy.
• Practices: Best practices to guide IT infrastructure, data privacy and protection.
• Third-Party Associations: Organizations interacting with data, like cloud service providers.
• Data Governance: Standards for storing, securing, retaining, and accessing data.
• Global Requirements: Differences in data privacy and compliance among legal jurisdictions, such as the U.S. and EU.

Importance of Data Privacy

• Helps identify customers, understand their needs, and provide goods and services
• Understanding operations: Data from networks and devices helps businesses understand infrastructure and behaviors.
• Insights: Data from databases provides insights for business improvement.
• Data can be used to train machine learning and AI systems.

Key Components of a Data Privacy Program

• Consent
• Restriction
• Documentation
• Remediation
• Monitoring
• Third parties
• Communication
• Management
• Governance
• Compliance
• Classification
• Assessment
• Retention
• Training
• Inventory
• Identity

Information Privacy

• "The right to be left alone"
• Information privacy is the combination of communications privacy and data privacy
• Communications privacy is the ability to communicate without monitoring
• Data privacy is the ability to limit access to personal data, ensuring control over its use

Balancing Information Use and Rights.

• The use of information technology requires balancing the needs of information users with the rights of individuals whose data is used
• Many people object to data collection policies and feel existing privacy laws don't provide adequate protection
• A combination of approaches, like laws and technical solutions, is needed to balance data use with privacy

Privacy Protection

• Reasonable limits must be set on government and business access to personal information
• Technologies should be designed to protect privacy
• Corporate policies are needed to set baseline standards for privacy
• Education and communication are a must

Philippine Government and Data Privacy

• Republic Act 10173, also known as the Data Privacy Act of 2012

Data Breaches

• Data breaches are traced back to identity theft incidents involving large databases of personal information
• Data breaches are often caused by carelessness or failure to follow proper security procedures
• Data breaches are sometimes caused by hackers

Electronic Discovery

• Electronic discovery (e-discovery) encompasses the collection, preparation, review, and production of electronically stored information (ESI)
• ESI includes digital information like emails, drawings, web pages, photographs, sound recordings, and databases on electronic storage

E-Discovery Software

• Analyzes large volumes of ESI quickly for case assessments
• It simplifies data collection from relevant data sources and streamlines
• It culls large amounts of ESI to reduce the number of documents
• It identifies all participants in an investigation

Consumer Profiling

• Companies gather personal information through website registrations, surveys, forms, and contests
• They use cookies to track web surfing, identify visitors, analyze browsing habits, and deduce personal preferences
• Use of cookies and tracking software is controversial as companies can collect information without explicit consent

Workplace Monitoring.

• Companies ban use of social networking sites like Facebook, Twitter, and LinkedIn to reduce waste

Advanced Surveillance Technology

• It includes cameras and satellite systems pinpointing physical locations
• These advances diminish individual privacy and complicate how much information should be captured

Camera Surveillance

• Used in major cities to deter crime and terrorism
• Critics believe scrutiny violates civil liberties
• Supporters offer anecdotal data that cameras are effective in preventing crime and terrorism

Vehicle Event Data Recorders

• Records vehicle and occupant data before, during, and after vehicle crashes severe enough to deploy airbags
• Vehicle Event Data Recorders capture information on vehicle speed, acceleration, seat belt usage, airbag deployment, and driver inputs.

Stalking Apps

• Technology enables easy tracking of individuals
• Spy software or stalking apps can be loaded onto cell phones, some with built-in microphones
• Information from apps can be sent to the user's email account
• Mobile Spy, ePhoneTracker, FlexiSPY, and Mobile Nanny are popular spy software.